Barusch v. Calvo

685 F.2d 1199 Lawrence R. BARUSCH, individually and on behalf of all others similarly situated, Plaintiffs/Appellants, v. Paul M. CALVO, Governor of Guam; Jose D. Diego, Director of Commerce, Government of Guam; Francisco Torres, Chief of Customs, Government of Guam, et al., Defendants/Appellees. No. 80-4397. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 14, 1982. Decided Sept. 3, 1982. Nicholas C. Arguimbau, San Francisco, Cal., for plaintiffs/appellants. Thomas E. Himrod, Agana, Guam (argued), for defendants/appellees; David D. Cheal, Agana, Guam, on brief. Appeal from the United States District Court for the District of Guam. Before MERRILL, TRASK, and PREGERSON, Circuit Judges. PREGERSON, Circuit Judge: 1 Appellant Lawrence Barusch ("Barusch") is a United States citizen and resident of the Territory of Guam. He frequently travels to Hawaii, Hong Kong, the Commonwealth of the Northern Mariana Islands, and other locations both within and outside the United States. Guam governmental officials inspect his luggage each time he returns to Guam, even when he has not been outside the United States. 2 Barusch claims that the inspections are unconstitutional…